Supreme Court of India · 1962-02-22
KAMESHWAR PRASAD AND OTHERS vs THE STATE OF BIHAR AND ANOTHER
- Citation / case number
- SC 1959/160
- Court
- Supreme Court of India
- Petitioner
- KAMESHWAR PRASAD AND OTHERS
- Respondent
- THE STATE OF BIHAR AND ANOTHER
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that Rule 4-A of the Bihar Government Servants’ Conduct Rules, 1956, which prohibits government servants from participating in demonstrations, violates Articles 19(1)(a) and 19(1)(b) of the Constitution of India, as it cannot be justified as a reasonable restriction. However, the prohibition against strikes was upheld as there is no fundamental right to strike. The Court declared the entire rule regarding demonstrations as ultra vires, while validating the prohibition on strikes.